Rent (Scotland) Act 1984

106 Consent of tenant

(1) Where a dwelling-house which does not satisfy the qualifying conditions is subject to a statutory tenancy and the tenant is unwilling to give his consent to the carrying out of the works required for those conditions to be satisfied, then, if those works were specified in an application for a grant under Part II of the [1968 c. 31.] Housing (Financial Provisions) (Scotland) Act 1968 or Part I of the [1974 c. 45.] Housing (Scotland) Act 1974 and the application has been approved, the sheriff may, on the application of the landlord, make an order empowering him to enter to carry out the works.

(2) An order under subsection (1) above may be made subject to such conditions as to the time at which the works are to be carried out and as to any provision to be made for the accommodation of the tenant and his household while they are carried out as the sheriff may think fit; and where such an order is made subject to any condition as to time, compliance with that condition shall be deemed to be also compliance with any condition imposed by the local authority under section 27(6A) or section 41(6) of the said Act of 1968 or section 4(2) of the said Act of 1974.

(3) In determining whether to make such an order and, if it is made, subject to what, if any, conditions, the sheriff shall have regard to all the circumstances (other than the means of the tenant) and, in particular, to any disadvantage to the tenant that might be expected to result from the works and the accommodation that might be available for him while the works are carried out.

(4) For the purpose of this section, a dwelling-house satisfies the qualifying conditions if it is provided with all the standard amenities, it is in good repair having regard to its age, character and locality and disregarding internal decorative repair, and it meets the tolerable standard.

(5) In this section, " standard amenities " has the same meaning as in section 39(1) of the said Act of 1968, and "the tolerable standard " has the same meaning as in section 2 of the [1969 c. 34.] Housing (Scotland) Act 1969.